Hi Everyone, I was dismissed from work due to illness 2.5 months ago, and need to file my ET1 form by the 10 July. I was trying to get representation but all avenues failed due to lack of funding, or resorces at law centres. I have written the POC could some just check through and give me some advice on them. Thanks in advance. _________________________________________________________________________ IN THE ManchesterEmployment Tribunal BETWEEN: xxxxxx Applicant - and - xxxxx Respondent ------------------------------------------------- Particulars of Claim ET1 Section 6.2 ------------------------------------------------- BACKGROUND 1 The applicant was employed as a xxxx on the10 February 2010. 2 The role is an apprenticeship style trainingprogramme involving work on the company’s vessels with college phases toachieve a foundation degree in nautical science and certificate of competencyas a navigational deck officer. The phases of work and study are as follows: a) Phase1: Initial college period. b) Phase2: First Sea Phase c) Phase3: Second college period. d) Phase4: Second Sea Phase. e) Phase5: Final College Phase. 3 The cadetship pays a training salary duringthe phases, the salaries are as follows: a) Year1: XXXXX b) Year2: XXXXX c) Year3: XXXXX During college phases there is also a housingallowance of XXXXX, excluding college holiday periods. 4 Leave is earned during the sea phases at aratio of 3:1, with trips on board the vessels usually lasting 9 weeks. 5 The first trip on board the ‘XXXXX’ lasted 10weeks, where there were no problems. 6 The second trip was on the ‘XXXXX’ thiscommenced on the 11 November 2010 during the first few days the applicant fellill and instructed the captain he wished to leave. The applicant left thevessel on 16 November 2010. 7 On returning home the applicant visited thedoctor and was signed as unfit for work due to anxiety. 8 The company was informed and the applicantcontinued to remain off sick until 06 January 2011. After speaking with thecompanies training supervisor, XXXXX, the applicant returned to work on the ‘XXXXX.The trip was short due to a holiday booked prior to being ill and ended on 15January 2011. 9 After going on holiday, the applicantreturned to work on the ‘XXXXX the trip was from 07 February 2011 until 21February 2011. This short trip was due to returning for the second collegephase. 10 The second college phase was completedsuccessfully. 11 The applicant commenced the second sea phase,and returned to the ‘XXXXX on 21 December 2011. 12 During this trip the applicant again fellill, and informed the captain. The captain suggested continuing and monitoredthe situation. 13 After a few more the days the applicant decidedthat he wasn’t fit, and requested to leave. The applicant left the vessel onthe 7 January 2012. 14 On return the applicant visited the doctor,and was signed off with depression. In addition the applicant’s mother wasdiagnosed with cancer for the second time, which added considerable strain onthe applicant’s condition. 15 The applicant continued to send doctors notesto the company, and responded to the company’s questions and phone calls. 16 Around the 4 April 2012 the applicant receiveda phone call from the companies training supervisor, asking him to attend ameeting to discuss “returning to work” at XXXXX 17 The applicant agreed to attend. 18 This was followed by a letter, dated 28 March2012, and a rail warrant to cover expenses to the office. The meeting wasscheduled for the 11 April 2012. The Meeting 19 On the 11 April 2012, the applicant attendeda meeting at XXXXX, in attendance at the meeting was: The applicant; XXXXX; andXXXXX. Both of XXXXX. 20 XXXXX opened the meeting by explaining thatthe purpose of the meeting is to discuss the current sickness situation, and tofind a way in moving forward to resolve it. 21 The meeting then continued to discuss theevents during the trips at sea. This lasted approximately 10 minutes. 22 XXXXX then continued to outline that to beeligible to sit the final oral examination the cadet is required to have 12months sea time, and in his opinion the applicant could not complete this toremain in-line with the other cadets at the same time. He then stated that thiswas in breach of the training agreement and that the contract is null and void.And asked how the applicant felt about that out. 23 The applicant indicated he wasn’t happy aboutthat as it is something he wanted to complete. 24 XXXXX then continued to say that he doesn’t believethat the sea time can be completed with the current confines of the illness. Hethen went on to discuss the leave period and that the applicant was in negativeleave of 29 days; and that couldn’t be recovered with the sea time. 25 The applicant then went on to discuss hissituation and discussions with his doctor. He explained that the doctor had puthim on citalopram and was monitoring the situation. And that the applicant haddiscussed returning to work with his doctor and that the doctor would preferthat the trips be shorter, around 1 month, to manage the situation. 26 XXXXX explained that the leave ration wouldthe only allow for 1 weeks holiday, which XXXXX confirmed and stated that hebelieve this would be too intense for the applicant to do. 27 The meeting then returned to the events onthe first illness on the MV Clyde fisher. 28 XXXXX then returned the meeting to fact thathe believes that the applicant could not complete the required sea time in theconfines of the training agreement. 29 XXXXX then went on to discuss that there were2 options as far as he could see. a) The companyterminates the employment, which doesn’t look good going forward; and that theywould seek the negative leave. b) Chooseto leave, and the company cannot recover the outstanding leave. 30 The applicant decided that he didn’t want toterminate his employment. 31 They stated that they were unhappy with thelack of communication with the company. 32 The applicant explained that he responded toall correspondence from the company. 33 XXXXX then went on to explain that theapplicant should consider resigning. 34 XXXXX and XXXXX left the meeting to discussthe matter and look at the training agreement. The applicant asked if theycould provide a copy of the training agreement. 35 Upon returning XXXXX provided a copy theagreement. 36 The meeting went on to discuss the conditionsof the contract. Detailed below: a) Absenteeism:XXXXX concluded that he believed that the applicant had not breached this section. b) Terminationof Cadet Agreement – illness or injury: XXXXX stated he believed this had beenbreached. c) Inaddition it was again stated that the applicant couldn’t complete the sea timeunder the agreement, and was a breach under “Sea Service Phases”. d) Theapplicant disagreed under the heading “Expiry of the cadet agreement”. Whichthe applicant believed terminated the agreement when the final day wasphysically attended, and that the sea phase would be extended until therequired sea time was completed. e) XXXXXdismissed this on the grounds that he believed that sea phase expired when theentire intake were due back in October. 37 XXXXX then explained that his only option wasto recommend to the employer that the agreement be terminated. 38 The applicant acknowledged XXXXX decision,and explained that it was out of his control and that his intention was tocomplete the course. 39 The applicant explained that the last time XXXXXlast visited college, it was discussed that due to the first period of illnessthat the period to get the required sea time was limited, and that it may berequired of the cadet to delay returning to college to achieve the 12 months(Back Phasing). The applicant suggestedthat he would complete 10 week trips with less leave to try and prevent this. 40 The applicant requested that the option toback phase be made available in an attempt to resolve the matter. 41 The conclusion was that the company were notwilling to do this. XXXXX explained there were a large number of applications,and he would prefer to offer the position to new applicants. 42 The meeting then discussed a conversationthat the applicant had with a lecturer at the college. In which it wasexplained that the applicant had discussed the options available to him in theevent that he decided to leave the training programme. 43 XXXXX then concluded the meeting that hewould recommend to the employer that the contract be terminated, and that theemployer may require another meeting, or they may just terminated theemployment, and seek redress of the 29 days negative leave. Following the meeting 44 A letter was received on 14 April 2012 fromthe employer, XXXXX. The letter explained that the agreement would beterminated immediately and explained the reasons. The letter allowed the rightof appeal. 45 An appeal letter was sent dated the 19 April2012, and was first class recorded post. 46 The letter was received on the 24 April 2012. 47 A response was received on a letter dated 27April 2012, stating the appeal had arrived too late, and would not beconsidered. Unfair Dismissal 48 The applicant claims that he was unfairlydismissed and that the employers acted unreasonably when dealing with the matter.; The applicant claims, 49 The employer failed to follow procedures and ACASguidelines. 50 The employer failed to provide any warnings,verbal or written. 51 The employer failed to advise himsufficiently of the company’s grievance and that it was unfair to suggest themeeting was to discuss returning to work. 52 The applicant was unaware the meeting couldresult in dismissal; and was therefore unable to prepare adequately. 53 The employer failed to consult adequatelywith the employee regard the long-term sickness. 54 The employer failed to investigate the illnesssufficiently either by way of obtaining a medical report or otherwise. 55 The employer failed to provide any noticeperiod. 56 The employer failed to deal with the appealadequately. a) Thetermination letter took 3 days to arrive. b) Theappeal letter was sent 5 days later. c) Theappeal letter took 5 days to arrive in Guernsey. Thereforeeven if the appeal had been sent on the day it was received it would never hadarrived within the specified time limit of 7 days from the date of the letter. 57 Theemployer failed to make reasonable adjustments.

Hi everyone, Just a really quick question. My 'advisor' who I've recently appointed to assist me with my claim says I'm in time but I just wanted to double check. I've started a tribunal against my employers for disability discrimination - I think it is as clear cut as can ever be in this situation as I've had 'advisors' desperate to represent me. The last incident of discrimination happened on the 24th April 2012 - my advisor submitted my claim today at 5:10pm - the simple question is this within the time limits? I know it's three months minus one day but when is the cutoff time? TBH the only reason it's got this far is because my employers performed a wholly inadequate investigation - not even asking the people involved the issues raised in my grievance. So, if I am out of time, is there anything I can do? As always, thanks for any help to reassure me.

Two weeks ago I started work with an employment agency on an agreed rate of £10 per hour,this was agreed over the phone,so I did my weeks work,then into last week finished,I received my wageslip yesterday to find they have paid me £9.50 per hour and also charged me an admin charge of £20 pounds. No one their answering the phones on friday when i tried to call so i just emailed them asking about this,obviously no reply,where do I go from here regards their thievery??

I have been with my current employer for around 2 years. I have changed job roles within this firm within that period. Initially I was left to my own devices in my new role without full support and guidance on how I should be carrying it out. This caused a lot of tension and friction between shop floor staff and me. I have had my job description changed 5 times in the year or so that I have been fulfilling the role, passed from one line manager to the next. Long hours arose from the job description changes to the stage where I often broke down in tears, through frustration, lack of support, feeling undermined / contradicted. Things reach boiling point last year when I was disciplined for my behaviour and times when I had spoken out of turn - thus being given a written warning. I went on to seek professional help for depression. I returned to work after a very short period of sickness (my employer does not offer/have occupational health. I have kept my head down for over 6 months and tried to cope each day with my depression. Then recently my line manager took me aside and said that I am coming across as if I am going around looking for arguments and that I have been snapping at people. I asked him to explain to whom I have done this too and he could not name anyone. This confused me greatly, if there is no complaint/or no person can be named as to whom I have spoken out of turn to - where is exactly the issue? And why have an informal discussion about a nonexistent issue? I got very upset due to feeling that all my efforts were in vain and that their attitude has not changed. The discussion became a shambles and got very upset as I felt my line manager was not listening to me and just moving the goal posts to suit his beliefs about the situation.I now feel how I was made to feel once before - undermined in my job role due to contradictory information given to shop floor staff. Singled out in that I am apparently the only person in the company who snaps, even though I myself have been on the receiving end of being snapped at, even sworn at. I have been on the sick for stress once again after to having to make the distressing decision to euthanize my beloved dog. I have now received a letter asking to contact them at the earliest convenience so they can investigate whether my stress is work related - even though I have colleagues and my line manager who know what has happened to cause my stress. Also that I am to attend a formal meeting when I return to work, about the informal meeting that myself and my line manager had and to talk about my general attitude during this informal meeting. Please could anyone give advice? Should I contact a solicitor or do I give them what they want and quit? Am I crazy in feeling singled out and feeling like they just keep poking at a wound I have been trying to heel?

hi - I have recently been offered a new role which I accepted and duly signed a new employment contract and handed my notice in at my current employer (1 month). However since then (about 1-2 weeks ago) my personal circumstances have changed and therefore I wish to remain with my existing employer. I have spoken to them and fortunate enough that they are happy to retract the notice and let me continue working there. However, I know I have signed a new employment contract with the new employer, so how do I handle this without actually starting the new role in a few weeks time? I have only 1 week notice period during my probationary period. What do I need to say in my cancellation letter to the new employer? Thanks for your help.

Having been given the opportunity of employment I have had the rug pulled from underneath my feet due to having an endorsement on my license which is due to expire in 5 months. The company i have the opportunity of employment with I worked for before and they put me through my class 2. My license has been clean for 5 months short of 11 years but the endorsement is still standing in my way of what I love doing - driving lorries. I wrote to the DVLA and explained the situation and asked if they could remove said endorsement off of the counter part of my license but keep the endorsement on file. I recieved a letter 3 weeks later from the DVLA stating that the law is the law and they can't help me. They said: "Unfortunately the Law states that these endorsemets have to remain on the driving licence until they have time expired. If after 05/11/2012 you want expired endorsements removed from your licence then please apply by completing the enclosed application form (D1) and return it together with your licence and correct fee." I understand that the endorsement is my fault but surely letting it stand in my way for 10 and a half years should not have an impact on me getting a HGV class 2 driving job. The Government wants to get people back to work and I am trying to do so yet have hit a brick wall. I think that DVLA should judge different cases on different merits.

Good morning, can anyone tell me if I can obtain copies of witness statements from an employment tribunal hearing completed a year ago. I have a similar dispute with the same respondent and probably the same witnesses. Can I request copies from the respondent?

My employment started on the 19/03/2010 and ended 19/06/2012, I left the employment due to a massive cut to my hours even though i am contracted 30hrs+ to force me out, cut of my hourly pay and intimidation. I have been a victim of an `extensive process’ of both sex and race discrimination and the values like equality and diversity had not been upheld by the owners of the business during their dealings with me. After I made the initial formal complaint about the suffering sex discrimination at my place of work, a concerted campaign was put in affect aimed at removing me from employment. They cut down my hours from 35 hours per week to 12 hours per week. I was dismissed from work unfairly without any verbal or written warnings on three other occasions, but once I contested the unfair dismissal they re-instated my position and reduced my hours and pay to less than the minimum wage of just £20-£30 per shift. I suffered months of psychological abuse; they basically hounded me at my home because I wanted them to abide by the law of employment. They destroyed my life, my health. The last few months had been a living hell, their dishonesty was staggering. It was frightening and sinister how these people could abuse their position and harass and bully me and feel they could get away with it. I was so stressed I was crying on my way to work. I have been profoundly traumatised by the conduct of my employers. If this conduct hadn’t had happened my partner and I would have had children by now but the stress cost and time has cost us everything. My partner has had to stop work as a childminder to look after me in our home in Leigh. I was made to feel that all English and African British citizens are lazy and work shy, and that were only after benefits and compensation. I suffered a systematic intimidating environment in my role as a driver. I was even put aside at one point and asked how I am going to sustain my lifestyle, they told me I should get my partner pregnant so the government can pay for or rent council tax, child benefits and income support. The male boss stated that their Chinese friends do this and at the same time avoid paying tax by saying they are doing less hours of which I was dismissive and unwilling to do this. On the 11/05/2012 I slipped in the workplace due to incompetence, I now suffer from back spasms every now and then especially when bending or lifting heavy items, my sleeping pattern is disrupted, loss of sexual drive, stress in my relationship with my partner and my family. They stated if I claimed against their insurance they would not guarantee my position in the business. A campaign was mounted after this to end my employment. I suffer from a server post traumatic stress disorder, insomnia, nightmares in which I relive the events with the employer, episodes of tightness/constriction and chest pain, back pain, lack of libido and poor memory even on occasion have felt suicidal and because of this I’m unlikely to be able to work for them again. The male boss visited my property several times using threatening and intimidating body language and verbally with his partner stating if I don’t drop the case he’ll move all his money, close the business down and move everything to china and by the time the case if finalised they will say to the court that they have no money and they cannot do anything about it, which in turn I will not get a single penny from them. He stated on numerous occasions that he knows people in china town who are violent and can assault me. I have managed to get their rants, threats and harassments on recording, some of which will need translating. They have put me in a situation where I have considered moving away and changing career, I’ve gone as far as even took a taxi licence test to help me transact the change of career smoothly. In the 2 and a half years I’ve worked there I wasn’t allowed to take any holidays or time off and was told by both the bosses that I’d have to find and vet another driver before I took any time off, and if I did this I would not have my job on my return. The male boss has on numerous occasions said to me and other drivers to drive faster than the speed limit otherwise he would replace us without warning and with immediate effect in turn putting a lot of pressure and stress on us. When they took over the business in November 2011 the systematic lawless behaviour started and made me and other employees feel unwanted or worthless. Can i take them to an employment tribunal and would i be able to apply for legal aid? PLEASE HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

im hoping somebody out there can shed some light on an issue a friends of mines girlfriend seems to be having in regards to "Self Employment" i`ll try keep this as breif as possible my friends girlfriend was short of money and saw an advertisement in the local paper in regards to a job working from home the job description was "people required work around your own schedule" she rang for the job and subsequently was hired that same day the business owner showed up with a peice of printed paper basically saying "You Are Self Employed and are NOT employed by (business name here) he got her to sign this paper at the bottom but he failed to sign it himself since she started this job hes incrased the work load by quite a lot and is paying her £4.50 per hour my question is what can i do to help her as if she is self employed what proof of this would she need for tax/N.I contributions as the way i see it he dictates the work load and pay and provides no payslips surely she cannot be self employed? my apologys if this post is in the wrong forum but i want to help her get some answers

Hi All, My wife is currently in the process of bringing about an employment tribunal against her employer. The employer is trying to get my wife to a capability hearing where I believe they are looking to dismiss her on medical grounds. My question is......If an employment tribunal claim is lodged, making it a formal dispute, are the capability proceedings or any other internal procedures then put in abeyance or stayed? Thank you for taking the time to consider this.

Hi all, I'm after some advice please. I have a case for unfair dismissal due to be heard in July, and have been contacted by my ex-employers solicitor asking me to send them a copy of my termination letter because the respondent has "mislaid" his.... Am I under obligation to provide the respondent with a document that they issued in the first place??!! Any advice would be appreciated! harrassedmummy

Hi, I have a employment tribunal against my ex employer. I was dismissed for theft and they realied on anonymous witness statements only. They have now accused me of being a bully and indimidating without any evidence to back up this allegation. I 100% deny being both a theif and a bully. They have now changed variouis parts about there version of events when I argued in the discaplinary that they were not correct. Can they do this? Change there story slightly because i proved them wrong? I now have all there evidence and was wondering wether they may be able to use fabricated evidence? Are they allowed to use "evidence" at the tribunal which wasnt given to me prior to the tribunal? Any help would be appriciated because i do feel my ex employer with go to any lengths to get out of it. They have told me that 2 people witnessed me doing this and gave the information to my manager. Bearing in mind i have no idea if this has even happened as i have no statements or any indication to say anyone had backed up the story. Thanks

I lost my job about a year ago (the details are not relevant but see my other threads if you would like to know more) and have been looking for work ever since. I have applied for about a hundred jobs in the last twelve months - that might not sound a lot but I live in the middle of nowhere and there really isn't much on offer. About half the jobs I have applied for have been with the local council and through their website. There have been at least ten of those jobs which I felt suitable and two which I fulfilled every stated requirement in terms of quite specific experience yet I have not had a single interview. I initially felt that I had been discriminated against because of my age but wondered how on earth that could be proven. Then I started to wonder if the council ever recruited people who were not already employed by them. It was only when I mentioned this to people who may know, e.g. my adviser at the Job Centre and others who know the area well (I have only lived here for two years) that I started to hear the same story, that it is very difficult to get a job with the council unless you are already working there or have a relative who works there. Ironically, one of the questions asked on their site when applying for jobs is about whether or not you have relatives working for them. I am minded to submit an FOI request to find out what percentage of positions are awarded to non-employees. The more I think about it the more annoyed I get and it occurred to me that in fact they are all the employees of the council tax payers and there should not be any preference given to current employees. If it wasn't for the requirement for me to apply for a quota of jobs every week, I would not bother but it really feels like I am banging my head agains the wall and the more effort I put into my applications the more it hurts! I spent several days on a recent application trying to get everything perfectly worded and measured. Can anybody advise me either on the FOI aspect or the law in terms of the preference of current employees in recruitment, please?

Hi, I have just signed up having read some of the very useful advice on here but couldn't find anything that exactly mirrors my situation. I wonder if some kind person with more knowledge and experience of such things could help me with this. I started work 2 1/2 years ago as a manager in a travel company. I took the role as the diversity appealed as did the chance to learn on the job, even though the pay was not close to what I had been on in my previous role. Essentially, until now I have been managing a team of reservations staff, negotiating with hotel owners and contracting with them, marketing and other related duties. I have reported directly to the MD throughout. My annual reviews have both been glowing but it is clear that the company itself has not been performing adequately. Then, in January of this year, the MD announced two redundancies (both very badly handed and they ended up settling out of court with one as a result) and some structural changes. Essentially he has decided to create a new role and employ a head of reservations to manage the entire reservations staff of the company (including what has been my team up until now). My role will essentially be the same...but without the managerial responsibility. i.e. It won't be the same at all! My concerns with this are essentially about my future career progression. I see myself as taking the next step and becoming a general manager in about 5 years' time or so and this reduction in my responsibility certainly doesn't help me get there. I will admit that I think the MD is probably doing something that is for the good of the company as each team has been run as its own independent fiefdom over the years and the streamlining effect of bringing in one overall head of reservations will improve this. However, unfortunately I have to look at what is best for me and the revised role is not that. I am also concerned that although i have reassurance on email from my MD and the head of HR that it is not their intention to reduce my salary, I will be doing a job that is at least one pay grade below mine and this will mark me out for future redundancy. I have had two informal face to face representations with my MD and made my feelings known. His attitude is essentially that he had to make the changes for the good of the company's future. So I believe the next step is written notification of my grievance. If anyone has any thoughts about this (I didn't find ACAS particularly forthcoming when I spoke to them), before I invoke the company's grievance policy, I would be so grateful. Even if, as ACAS suggested that there is a case for breach of contract or even constructive dismissal and it is fair to say I am unhappy there in any case, I need to see whether it is worth my while going down the official route and burning a few bridges on the way. Many thanks in advance. dtothel

I have a question relating to my right to raise a grievance in accordance to my company's grievance policy. I am currently suspended on full pay pending a meeting on Tuesday 13 March to investigate certain allegations, namely: 1) whether the relationship between the business and myself has irretrievably broken down; and 2) whether the business has lost its trust and confidence in me as its employee. The company has cited as evidence various emails I have sent to a small number of managers whereby I question a decision that they have made with respect to me. I do not believe that my actions (questioning a decision) constitute any form of wrongdoing. In December last year, I started my own business whilst fully employed. I was unaware that my employment contract had any terms related to this, and several colleagues also run their own businesses with full knowledge of the company's management. My employment contract states that I must not undertake any paid work outside of the company without the written approval of a Director. My manager first informed me that I should cease my outside work immediately on 2 January. I immediately complied with the decision and I have not broken it since. I challenged his decision informally and we agreed that I could ask a Director to reconsider the decision, in line with my contract of employment. Unfortunately, the Director upheld my manager's original decision to refuse to allow me to work outside the company. I asked the Director if there was any way for me to appeal the decision. She stated that there was not as her decision was final. My company's grievance policy does not state that a grievance cannot be raised merely because a Director has stated that a previous decision is final. I made several other attempts to resolve the matter informally via my line manager, but my manager refused to discuss the matter further with me, quoting the Director's statement that her decision was final. I subsequently informed my manager and the company HR manager that I would soon be submitting a formal grievance regarding the matter. To be clear, I did not raise a formal grievance before this point. The HR manager responded that I could not submit a grievance on this matter because the Director had stated that her decision was final. She also stated that I could not raise a grievance because their decision had been based on my contract of employment. I subsequently pointed out that my complaint was not against a term in my contract of employment, but was merely relating to a decision made by company managers on which my contract of employment did have some bearing. (Her position is similar to the company hypothetically saying I couldn't raise a grievance relating to their failure to pay me on a given month, merely because my contract contains terms relating to my pay). However, the HR manager continued to refuse to accept a grievance, should I choose to submit one. I have now been suspended on full pay because last week I sent an email to the managers concerned in which I again challenged the company's original decision and stated that I felt I was being treated unfairly by being denied access to the company's grievance process. I pointed out that I felt they were not only failing to follow the company's own grievance process, but that they were also in breach of the ACAS code on grievances. I have not yet submitted a formal grievance due to the HR manager's stated refusal to accept it. My questions: 1) Now that I am suspended, should I submit a formal grievance regarding my original complaint, even though the HR Manager has said she would refuse to accept it? 2) Should I submit a separate grievance in relation to the company refusing to allow me access to its grievance process, and then choosing to suspend me when I complained about this? 3) Is it relevant that the Director stated her decision was final? I would have expected that I am allowed to raise a grievance, even if it relates to a decision made by the MD or CEO. I understand that if there had been a previous grievance which had been concluded on the same matter, then I would not have the right to raise a second grievance. But in this case I was proposing to submit the first grievance. Many thanks in advance for any help you can offer.

Please help! In a nutshell I walked out of my job on the 27th November and haven't been back since. My employer suspended me on full pay and arranged a disciplinary meeting for the 1st December but I did not attend. They re-arranged the meeting for the 5th December but again I did not attend. I received confirmation of disciplinary on the 9th December which states that my employment has been terminated. My problems are: 1) A payment of 36.5 hours which I had worked before the 27th November is still outstanding. 2) I have still not received a P45. 3) A payment of my holiday which I had accrued is also outstanding. I have raised the issue with the company's HR officer who has assured me that the matter is being dealt with and to expect full payment of any outstanding monies today (30th December 2011) but I have still not received anything. I have kept a record of telephone conversations and all written communication as a precaution. Am I entitled to this monies? Am I just being messed about? How can I pursue this further? All help and info would be extremely welcome:|

Dear all, I recently worked for a small company (about 100 employees) in Manchester and have been on a zero hour contract for about a year (just under i believe). I have worked a steady 30-45 hour week from when i started and then they suddenly reduced my hours to zero. I have contacted ACAS and browsed the internet for advice and i am no closer to realising whether i have a case against them to take to an employment tribunal. There seems to be two thoughts on the matter, the first being that under customs and practice i have been given a certain amount of hours and i am now therefore entitled to similar ones in the future. The other is quite simply that they do not have to give me any hours because i have signed to say this is acceptable. I'm sure the law is quite hazy but surely this can't be right. Other details which may or may not be of relevance is that this company does this regularly as a way to sack staff on the spot and it is well known in the company that they are ruthless in doing this. They did not give me (or anyone for that matter) a copy of the contract. The only employment tribunal case i can find that comes close to being similar is Davies v Hertz (UK) Ltd ET/3303522/09 which rules against the claimant. This does not bode well for me i assume. The reason i am so annoyed is that the zero hour contract in this case is used because the owners/management now have the power to fire people without any reason. I have never received a disciplinary and people at this company do not get fired, they are just suddenly left off the rota. It's quite sickening. I'm sure it has a very valuable use for some companies and employees, but in this case it is used in an unfair and malicious manner. Do reiterate my main point, does anyone have any advice for me at this stage? Currently i am awaiting a letter from them explaining their actions (though they have said they are under no obligation to do so). After two weeks i will consider taking this further. Any help or advice would be appreciated. NS

never mind

Further to my recent post in this section of the forums, am still waiting for a response to the Equality Act information request regarding disability discrimination after a recent interview. I have looked at the ET1 form, and it asks what compensation or remedy you are seeking. I am unsure what is suitable to put into this section of the form, as I have not been offered a job and therefore have no concrete losses other than my travel expenses to the interview, which were not met, and it was over 100 miles away. I would like a job, but I would guess this is not going to happen as they have already decided who to appoint. Clearly I can't put random figures on there. Is there some accepted standard in such situations? If I was to take action it would be more for the fact a decision had been made in a tribunal that such treatment is against the law - and hopefully the decision would help me and other people with similar disabilities when it comes to seeking work and enforcing their legal rights. I am particularly interested in knowing, does an Employment Tribunal case in itself set a binding legal precedent, or do only Employment Appeal Tribunal cases? Thanks in advance for any info,

I am look for some advice. I have instigated proceedings in the small claims court against an employment agency and a bank. I worked at the bank as a contractor through the employment agency. The agency has agreed without prejudice to a settlement on condition that I desist all action against themselves and against the bank; and I am happy with the settlement. However, the Agency wants me to sign a Tomlin Order and then they will issue a cheque within 21 days. My question is, how do I protect myself from them failing to pay and then using the Tomlin Order to stop me continuing action? I have not seen the wording of the Tomlin Order as yet, so any advice would be very much appreciated. Also, any further insight into what a Tomlin Order is would also be very much appreciated. Thanks

I have a thread about my current Employment Tribunal already but am concious that using just that one thread will make it more difficult for people searching for advice on similar issues. I want to use a 'Comparator' to show I have been treated less favourably. The concern I have is that I don't have detailed information about the comparators or any proof to back up my argument - just what I know. Will an Employment Tribunal expect me to be able to provide proof? How can I obtain the information? For example, one element I know is that; I work with vulnerable people in their own homes, providing generic support and advice; The comparator works with vulnerable people in their own homes, providing specific support and advice.

The company that I worked for (Company A) had a contract to supply a labour resource to a major organisation (Company B). Company B control and decide the structure of the resource and also manage the resource on an day to day basis. As the contract with Company A came to an end, Company B decided to split the contract into two parts (Operations and Management), put the contracts out to tender and invited potential suppliers to quote for the contracts. This resulted in a new company (Company C) winning the Contact for the operational part. The management element has not yet been awarded and is still supplied by company A and controlled by company B My post was transferred into Company C on the basis that; a. The majority of my role was with the operations part.(disputable) b. The requirement for my position no longer existed with the management part of the contract. as Company B had told me that the main objectives of my role no longer existed within the management side; although my role involved management of all of the original scope of contract (Operations and Management). Following my transfer, I was verbally told by Company C that my role did not exist within their organisation structure, and 2 months later, have still not had my role clearly defined. I was told a few days ago that Company B had reviewed their position and decided that there WAS a requirement for achievement of my original role objectives, despite me being originally told the contrary. They have stated that as a result of the contract split, the role is not deemed to be managerial because of its diminished scope however this could be disputed as the role requires a managerial responsibility. The TUPE transfer has resulted in a loss of benefits and entitlements for myself in real terms. Had my post stayed with the management side of the contract this would not have happened. also, because company B has changed their approach regarding my role, is there any comeback ? Any thoughts ??? If I raised a grievance, who would I raise it against ??

Hello Everyone. It is a long time since I have posted here and this hite really helped me get my finances under control. I was made redundent about a year and a half ago and now work for the minimum wage at Wilkinson, previously worked as a investment banker. I have now recently started going to interviews for vacancies in the banking sector and have been successful and have on occasion been given the job, however I always seem to get declined after the check my Credit Report. My Credit Report My credit repost is not great, I have the following I have 9 defaults and am on a Debt Management Plan with the Consumer Credit Counselling Services. I have now got some money saved and I can pay off half my 50k debt, mostly with the debt recovery agencies. When I spoke to my interviewer at Santander he said "You have defaults on your account, however you have some bad credit still in your name" - What did he mean by this? My Questions. 1. Will paying off my Debt improve my credit scoring even if I settle with a part payment which will be marked on my account. 1.1 Will paying off these creditors improve my chances of getting a job or will a default with no debt (all debt paid - but default still with credit reference agencies ) at all still get me declined for jobs in the banking sector? 2. Is there any way to remove the defaults from my account? 3. What jobs can I apply for in the Finance sector that does not require a credit check. Please Please! Any input would be appreciated. Thanks

I don't wish to go into great detail but my employment tribunal is coming up in a few weeks time and to be quite honest it has been a total farce up to now trying to get a solicitor to represent me at the hearing as well as present my case. I was unfairly dismissed by my employer who also tried to maintain i was self employed when i knew full well i was not. I have already represented myself at the Pre Hearing in which it was to decide whether i was self employed or an employee to be able to allow the case to move forward. On the day in question i was found by the Tribunal to have been an employee and not self employed so the case was allowed now to move forward to the hearing. The problem is i have been let down at every avenue trying to get representation at the hearing to put my case forward. I had contacted one Solicitor who asked me to send both the ET1 and ET3 forms which i did as soon as the tribunal had got hold of the ET3. However after sending this by recorded delivery i also emailed the Solicitor to state i had posted what he required but quickly received an email saying he was out of the office until the following week. When he finally contacted me he stated that he had not received the forms. I also could not find the receipt which proved i had sent them. However i had already contacted another company not sure if i should mention their names but anyway they offer a service of appointing a solicitor for you on a no win no fee basis. I signed up and it took about three weeks before i was able to get a solicitor. I was then told that a solicitor had been appointed and would take the case on but because the hearing date was so close around 2 months away? he decided that i should write to the court to attempt to get the trial adjourned. I was told by this company what to put in the letter and followed their advice. However with time ticking away i left it for a few days and then telephoned the tribunal if any decision had been made. I was told that it had and that the adjournment was not allowed. On grounds that i had had enough time to get a solicitor which was rubbish as i had done everything i possibly could to get one. On going back to this company and telling them what had happened i was told no more could be done and they were unable to appoint a solicitor after about 3 or 4 weeks of to and throwing and ending up with nothing. I then contact a local solicitor who said he might be prepared to take the case on. So i spent an entire day going through all paperwork to make sure he had everything he needed and posted to their office in person. Two days later i receive an email for the Solicitor stating that he could not take on the case because it was not economically viable, But if i was to pay for his services then he maybe able to represent me. Problem is i am on ESA suffering severe depression and cannot afford to pay a solicitor unless i won my tribunal which i don't think i have any trouble in doing. I have attempted to take my own life through the hell i have been put through. Before going onto ESA i was on JSA and making a clear attempt to get a job but because of being sacked for something i did not do i am unable to find any one who will employ me. I was sacked for something totally out of this world and even though this was not a sackable offence i was not to blame for it. I also needed to go home and made contact with the person who i was told to report any problems during my shift which i did. I should not have been driving and was a danger to any road user because the amount of tablets i had taken and needed desperately to go home as i was in agony. I was sacked with no warning being given, although a colleague did tell me prior to me being sacked what was going to happen so my sacking was discussed between others before i knew anything about it. I was called into the office where i was sacked on the spot there was no letters asking me to the office, no witness present, and nothing was ever put in writing as to what i had done wrong. It was verbal. I was not even given any chance to explain myself either. I attempted to get some mediation between myself and the company going. My employers never bothered to attempt to find out what really happened and basically ignored my requests of a meeting to talk through why i was being sacked. That was when i called upon ACAS in the hope they might be able to do something. ACAS failed and i was advised to take the matter to an employment Tribunal which i then did. However i tried to support myself on what little savings i had rather than sign on for JSA as i thought i would get another job no problem however it has turned out to be a roller coaster. This has left me homeless, Jobless, as well as penny less i have had some very good friends who have tried their best to help me out however i am getting all kinds of advice and i am very confused now. I am on anti depressants for the severe depression i have had and still have but the feelings of suicide have subsided a little although they are still there. When i was given the news yesterday that this solicitor could not act for me i very nearly did it. Even though i have a good case i know that, but because of the tablets i was on these have something also to do with the fact that i could not concentrate on things i have been attending meetings everyday more or less for everything from debt crisis to ESA, CAB, you name it. However the case is looming very close and i need some advice on how i prepare now for this. I have all my paperwork more or less uptogether. But the judge told me on the day of the pre hearing that i had not submitted anything to do with compensation or what i was looking for from this case? I sat there dumbfounded but i believe she probably meant that i have not told them what i am looking for? I did say that my solicitor was hopefully going to deal with that which is not the case now. So do i put in writing to the court what i am looking for? The first and most important thing is to get my name cleared and then compensation for lost wages holiday and the hell i have been put through but how do you submit hell on an application? How do i word it what is going to be expected of me on that day especially if i have no representation? The other side will have their solicitor and i will have nobody except the truth and nothing but the truth on my side. I have tried to handle everything on this case i have made a very good stab at it even trying to find a job which basically left me in the Job centre in front of a case worker there basically in tears i just could not help it and even this girl was in tears and it was her who told me to seek medical help quickly and get off of JSA and to try and get ESA. The doctor told me that i had attempted to take on far too much and knew i was a danger to myself I am frightened by the fact that i nearly hanged myself even though this has still not stopped me from taking my own life or contemplated doing it. MY life is a mess and everything is down to nothing but my employers had i never been placed in this position by them everything would have been OK. I had never taken a day sick from them and worked hard at my job and always looked at my Job that it came first before anything. I am not a layabout and never have been i never wanted to sign on in the first place i wanted a decent paying job what ever job so long as i was working and able to support myself. Please anybody with any knowledge in this area please some help needed on what i am to do.

Hi The case is about to go into court i cannot really say too much on what had happened. But anyway i was sacked not given any right to appeal, nothing was given in writing and the allegations of leaving something on a desk that was needed for my work really does not come into Gross misconduct. So what is happening now is that ACAS contacted me and stated that the other side had agreed that they felt the case was unsafe and feel that it would not be in their interest to pursue it. They made an offer of £1,000 which i totally refused and stated no i would still be taking this to the employment Tribunal. I had already won the first stage as the pre hearing was to establish if i was self employed or an Employee which i had always stated to this company i was. The judgment was found in my favour. However the other side now state that they intend to attempt to lower my compensation claim which is around £25,000 do they have a leg to stand on?